Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1887-09-12
Orleans County Court.

county court was opened W edneeday.
Sept. =. at 10 O'Clock. 4. m. with
prayer by Rev. Mr.. Wilbur, Judge
Nea>ey presiding, assisted 10y Judges
Oliver and Owen. The grand jury
were called. all responding except +
{. Rowell from Albany and Mr.. Kim
ball from Holland. They were
sworn. and instructed by the Court
that ii was their particular province
to look up offenses against the Grim
inal law of the state. thus TO aid in
the protection of society. The sever
al clauses Of their oath were gone
over and explained quite fully. They
were 10 search matters diligently. in
stead of carelessly. using all proper
zeal TO find out the truth. They were
TO look up reported violations of law
which came to their knowledge and
one OF the means TO be used in bring
ing things before them was the states
attorney. They were enjoined to
keep their own counsel and that of
their fellows in all matters coming
before them, not only during this
term of court. but at all times in the
future. The danger of not keeping
such secrets was made clear. They
were especially cautioned against the
influence Of envy. hatred or malice,
and were also cautioned not to allow
such feelings TO enter their minds
when acting upon matter presented
by any one else. Neither were they
10 be Influenced by love. fear. favor.
or hope OF reward. but TO present
things truly and according to the law
of the state. The measure of proof
they were TO require was the same as
that required by petit juries. They
should have enough evidence to salts
" man OF ordinary prudence be
vOnd a reasonable doubt of the guilt
of the accused before bringing an in
dictment. They were reminded that
the concurrence of twelve of their
number were necessary to the finding
OF bill. After being cautioned TO
work proper length of time each
day they were excused until after
noon. when the panel was completed
By the arrival OF Mr. Rowell. and
calling Hon Orrin Taylor as tails
man.
The petit jury when called. all re-
sponded to their names: l. f
Thayer of Newport was excused.
Their duties were explained as in
many respects similar to those OF the
grand jury They were TO try the is
sue of fact presented in the case and
not the parties to the cause. This
distinction was particularly empha-
sized They were also to try the Is
sue only on evidence presented in
court and not to allow themselves to
heal any outside talk relative to the
matter. They were particularly eau
toned TO keep their own counsel In
regard TO the deliberations in the
jury room. The burden of proof was
to be the same as that laid down for
the grand jury. They were then ex-
cused until noon. At the opening of
the court in the afternoon counsel
presented an affidavit in the case
GRAY vs. Howard. stating that Mr.
Howard had surrendered himself into
the officers hands, and also that ow-
ing TO sickness and death in his own
family he was unable to comply with
the order Of the court last term. and
asking that the order be vacated and
the case tried on its merits this pres
ent term. The court waived the or
der and the case stands for trial
The first case called was Jacob
Libby vs. d. J. DBineH of Glover.
The following jurors were drawn:
Oliver Z. Newton, Eugene L. Miller,
Arad L. Brown, f. VI. Stebbins, F.
O. Kennedy, Willard c. Wright, w
L. BarroBs, Chas. Ide. Henry H.
Dutton. Albert Cowles, Daniel Kill
born. David L. Morse. Assumpsit.
plea general issue. with declaration
In Offset. The first witness called
was Jacob Libby. the plaintiff in the
case. Hired out 70 Dwinell for 81
per month for months and Dwinell
was 70 keep my horse. Worked for
him from March 10. 1884. 10 Sept.
% We had some dispute about cut
ting corn and | told him if he did not
want me any longer | would leave.
He told me | had not been good for
anything and the sooner | went the
better. | left. l lost ~ DAYS and
have been paid SO cash. 50 pastur-
ing, and 6Oc highway. tax. Have
not received any other pay for my
work. ! did god. faithful service
while in DwinelI's employ leonard
Foster 81 Gioyer was tie next wit
ness gs.Ilcd. lives in Glover. AnoYy
giaintn. tie has worked for mc
and went frvn nv ~ place T. Dsi-
neli's- lie went SIonday. March 10,
and calne away .ovpt- Y. Ihe
plaintin rested iis case at this point.
The first witness called by the defense
was -. j. DwInell. line plaintiff